PORT AUTHORITY -- BERTH -- DEMURRAGE -- DETENTION -- BERTH CLOSURE -- Owner Award After repeatedly delaying its ETA, the Vessel ultimately arrived, but the port authority had closed the berth for scheduled maintenance. In response to the subsequent Owner demurrage claim, the Charterer counterclaimed that neither the maintenance nor the delays leading to the prolonged ETA were in His/Her control.
ASBATANKVOY -- LOADPORT -- CHARTER PARTY -- BERTH -- CARGO -- DEMURRAGE -- ARBITRATION -- TANK CLEANLINESS -- Charterer Award Upon arriving at loadport after a new cargo revision in the Charter Party, the Vessel was kicked off of berth because of survey results revealing that the Vessel’s tanks were insufficiently cleaned for the revised cargo. The Owner submitted demurrage for the cleaning costs and delays arguing that the tanks were acceptable for the original cargo.
ASBATANKVOY -- CHARTER PARTY -- DEMURRAGE -- TERMINAL LOGS -- TIME-BAR -- Charterer Award This case’s Charter Party clearly stipulates that there are no grounds for demurrage unless the claim (along with supporting documentation) is received within ninety days of cargo discharge. So when the Owner submitted a claim on the ninetieth day without the specifically outlined terminal logs, the Charterer deemed the demurrage time-barred by the Charter Party.
GENCON 76 -- BERTH -- CANAL -- WEATHER -- ACT OF GOD -- LOADPORT -- DEMURRAGE -- DETENTION -- Owner Award After loading was completed, a latent document delivery to the Vessel detained it at berth for an extra 14.5H. The Charterer did not contest His/Her fault in the delay, however, He/She argues that the canal was concurrently closed due to adverse weather for several days and the time spent at berth during this closure should be deducted from the claim.
GENCON -- BERTH -- DEMURRAGE -- LAYTIME -- ARBITRATION -- VESSEL DEFICIENCIES – VALIDITY OF NOR -- Owner Award When the Charterer’s pilot boarded the Vessel to begin berthing six days after NOR declaration, the pilot noted operational deficiencies and refused to berth the Vessel until repaired. The Owner subsequently filed for demurrage beginning at NOR tender while the Charterer argued that NOR cannot be considered a valid beginning of laytime because of Vessel unreadiness at berthing.
ASBATANKVOY -- SHIP-TO-SHIP -- DEMURRAGE -- ARBITRATION -- LOADPORT -- STS TRANSFER – WHETHER NOR WAS TENDERED -- VALIDITY OF NOR -- Charterer Award This case began with Charterer allegations that the Vessel did not tender NOR for this STS transfer—or if it did, it was invalid and premature. The Owner, however, counterclaimed that when the Charterer remitted partial payment of the demurrage claim, they thereby admitted validity to the Vessel’s NOR and sacrificed their right to challenge it.
Recently introduced, EXXONMOBILVOY 2005 (EMV2005) contains a slight reduction in requirements and a subtle change in semantics as compared to its predecessor, EXXONMOBILVOY 2000 (EMV2000). EMV2000, itself a limited update of EXXONVOY 90, was the product of the merger of Exxon and Mobil and published on 1 June 2000. The below provides a brief summary of the differences EMV2005’s laytime / demurrage clauses have as compared to EMV2000’s laytime / demurrage clauses.